TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

CHAPTER 33. FEES

The Texas Animal Health Commission (Commission) proposes the repeal of existing Chapter 33, concerning Fees, in the Texas Administrative Code, Title 4, Part 2. This repeal is proposed concurrently with the proposal of a new Chapter 33, concerning Certificates of Veterinary Inspection, which is published simultaneously in this issue of the Texas Register.

BACKGROUND AND PURPOSE

The Commission underwent a comprehensive and collaborative rule review by the Texas Regulatory Efficiency Office (TREO). TREO made several recommendations to reduce unnecessary regulations and increase transparency. One such recommendation was repealing unused rules in Chapter 33 and updating certificate of veterinary inspection (CVI) rules to reflect the Commission's transition to electronic CVIs.

Specifically, the Commission proposes the repeal of §33.1, which contains unnecessary definitions. The Commission proposes the repeal of §33.2, which contains outdated rules related to purchasing paper CVIs. The Commission proposes the repeal of §33.3, which contains rules the Commission no longer uses relating to fees for inspection of foreign cattle. And finally, the Commission proposes the repeal of §33.4, containing enforcement and penalty rules.

The proposed repeals are made concurrently with a proposed new Chapter 33. The newly proposed Chapter 33, entitled Certificates of Veterinary Inspection, will contain a section detailing electronic CVIs and fees assessed by the Commission and a section establishing enforcement and penalty rules.

The Commission's goal in proposing the repeal and replacement of Chapter 33 is to reduce burdensome regulation and modernize rules.

SECTION-BY-SECTION SUMMARY

The proposed repeal will repeal the entirety of Chapter 33 to be replaced with a newly proposed Chapter 33.

FISCAL NOTE

Ms. Jeanine Coggeshall, General Counsel for the Texas Animal Health Commission, determined that for each year of the first five years proposed repeal is in effect, enforcing or administering the repeal does not have foreseeable implications relating to costs or revenues of state or local governments.

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit will be the reduction of unnecessary regulations and modernized rules that more accurately reflect current use.

TAKINGS IMPACT ASSESSMENT

The Commission determined that the proposed repeal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. Therefore, the proposed repeal is compliant with the Private Real Property Preservation Act in Texas Government Code §2007.043 and do not constitute a taking.

LOCAL EMPLOYMENT IMPACT STATEMENT

The Commission determined that the proposed repeal would not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission pursuant to Texas Government Code §2001.022.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

The Commission determined that this proposed repeal is not a "major environmental rule" as defined by Government Code §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, the Commission prepared the following Government Growth Impact Statement. The Commission determined for each year of the first five years the proposal would be in effect, the proposed repeal:

Will not create or eliminate a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will not create new regulation;

Will reduce existing regulation;

Will not change the number of individuals subject to the rule; and

Will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities pursuant to Texas Government Code, Chapter 2006. The repeal does not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the proposal.

COSTS TO REGULATED PERSONS

The proposed repeal of Chapter 33 does not impose additional costs on regulated persons and is designed to reduce regulatory burden. The proposal does not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.

PUBLIC COMMENT

Written comments regarding the proposed repeal may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719 or by e-mail to comments@tahc.texas.gov. To be considered, comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register. When faxing or emailing comments, please indicate "Comments on Proposed Rule-Chapter 33, Fees" in the subject line.

STATUTORY AUTHORITY

The repeal is proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code.

The Commission is vested by statute, §161.041(a), titled "Disease Control," to protect all livestock, exotic livestock, domestic fowl, and exotic fowl from disease. The Commission is authorized, through §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl, even if the agent of transmission is an animal species that is not subject to the jurisdiction of the Commission.

Pursuant to §161.046, titled "Rules," the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to §161.060, titled "Authority to Set and Collect Fees," the Commission may charge a fee for an inspection made by the Commission as provided by Commission rule.

Pursuant to §161.0601, titled "Certificates of Veterinary Inspection," the Commission may adopt rules providing for the issuance of electronic certificates of veterinary inspection. The Commission shall set and charge a fee for each certificate of veterinary inspection provided to a veterinarian.

Pursuant to §161.148, titled "Administrative Penalty", the Commission may impose an administrative penalty on a person who violates Chapter 161 or a rule or order adopted under Chapter 161. The penalty for a violation may be in an amount not to exceed $5,000, effective September 1, 2021.

The proposed repeal of the rules does not affect other statutes, sections, or codes.

§33.1. Definitions.

§33.2. Certificate of Veterinary Inspection.

§33.3. Inspection of Foreign Cattle Fee.

§33.4. Enforcement and Penalties.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2026.

TRD-202603765

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: October 11, 2026

For further information, please call: (512) 839-0511

CHAPTER 33. CERTIFICATES OF VETERINARY INSPECTION

4 TAC §33.1, §33.2

The Texas Animal Health Commission (Commission) proposes a replacement of Chapter 33, concerning Fees, in the Texas Administrative Code, Title 4, Part 2 with a new Chapter 33, titled Certificates of Veterinary Inspection. This proposal is made concurrently with the proposed repeal of existing Chapter 33, which is also published in this issue of the Texas Register.

BACKGROUND AND PURPOSE

Specifically, the Commission proposes the repeal of Section 33.1, which contains unnecessary definitions. The Commission proposes the repeal of Section 33.2, which contains outdated rules related to purchasing paper CVIs. The Commission proposes the repeal of Section 33.3, which contains rules the Commission no longer uses relating to fees for inspection of foreign cattle. And finally, the Commission proposes the repeal of Section 33.4, containing enforcement and penalty rules.

The Commission's goal in proposing the repeal and replacement of Chapter 33 is to reduce burdensome regulation and modernize rules.

SECTION-BY-SECTION SUMMARY

The proposed new Chapter 33 will be titled Certificates of Veterinary Inspection, and will replace the existing Chapter 33, related to Fees.

The proposed new §33.1, titled Certificate of Veterinary Inspection, requires accredited veterinarians to use approved electronic CVIs and sets a $7.00 fee for electronic CVIs.

The proposed new §33.2, titled Enforcement and Penalties, establishes penalties for violating the chapter's rules.

FISCAL NOTE

Ms. Jeanine Coggeshall, General Counsel for the Texas Animal Health Commission, determined that for each year of the first five years proposed rules are in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments because the fee assessed is the same as the prior rule.

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the proposed rules are in effect, the anticipated public benefit will be the reduction of unnecessary regulations and modernized rules that more accurately reflect current use.

TAKINGS IMPACT ASSESSMENT

The Commission determined that the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. Therefore, the proposed rules are compliant with the Private Real Property Preservation Act in Texas Government Code §2007.043 and do not constitute a taking.

LOCAL EMPLOYMENT IMPACT STATEMENT

The Commission determined that the proposed rules would not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission pursuant to Texas Government Code §2001.022.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

The Commission determined that the proposed rules are not a "major environmental rule" as defined by Government Code §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

GOVERNMENT GROWTH IMPACT STATEMENT

Will not create or eliminate a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will not create new regulation;

Will reduce existing regulation;

Will not change the number of individuals subject to the rule; and

Will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities pursuant to Texas Government Code, Chapter 2006. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

COSTS TO REGULATED PERSONS

The proposed rules do not impose additional costs on regulated persons the fee assessed is the same as the prior rule and is designed to reduce regulatory burden. The proposed rules do not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.

PUBLIC COMMENT

Written comments regarding the proposed rules may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719 or by e-mail to comments@tahc.texas.gov. To be considered, comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register. When faxing or emailing comments, please indicate "Comments on Proposed Rule-Chapter 33, Fees" in the subject line.

STATUTORY AUTHORITY

The rules are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code.

Pursuant to §161.046, titled "Rules," the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to §161.060, titled "Authority to Set and Collect Fees," the Commission may charge a fee for an inspection made by the Commission as provided by Commission rule.

The proposed rules do not affect other statutes, sections, or codes.

§33.1. Certificate of Veterinary Inspection.

(a) Electronic Issued Certificates of Veterinary Inspection. Texas-accredited veterinarians must use commission approved electronic CVIs for livestock, exotic livestock, fowl, and exotic fowl.

(b) Fees. The commission will assess a fee of $7.00 for each CVI.

(c) Approved electronic CVIs. A list of commission approved electronic CVIs is maintained at https://www.tahc.texas.gov/vets.cvi.html.

§33.2. Enforcement and Penalties.

(a) A person who violates a rule or order under this chapter is subject to administrative penalties, criminal penalties, sanctions, and civil remedies as authorized by Chapter 161, Texas Agriculture Code.

(b) An administrative penalty for a violation may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2026.

TRD-202603766

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: October 11, 2026

For further information, please call: (512) 839-0511

CHAPTER 47. AUTHORIZED PERSONNEL

SUBCHAPTER D. NEW WORLD SCREWWORM

4 TAC §§47.30 - 47.32

The Texas Animal Health Commission (Commission) proposes new additions to Title 4, Texas Administrative Code, Chapter 47, titled "Authorized Personnel." Specifically, the Commission proposes a new Subchapter D, titled "New World Screwworm," to include new sections §47.31, concerning General Requirements and Application Procedures, §47.32, concerning Duration and Additional Training Requirements, and §47.33, concerning Grounds for Suspension and Revocation.

BACKGROUND AND PURPOSE

Section 161.047 of the Texas Agriculture Code requires a person, including a veterinarian, to be authorized by the Commission in order to engage in an activity that is part of a state or federal disease control or eradication program for animals. Existing disease control and eradication programs include, tuberculosis, trichomoniasis, piroplasmosis, equine infectious anemia, chronic wasting disease, and scrapie.

Following the June 3, 2026, detection of New World Screwworm (NWS) in a three-week-old calf in Zavala County, Texas, the Commission, USDA, and other state and federal response partners initiated unified incident command operations, increased surveillance and trapping activities, and accelerated sterile fly releases to control and eradicate the pest. As part of control and eradication efforts, the NWS Certified Inspector Program was developed. The purpose of the program is to allow more Texans to inspect animals for NWS and certify the documentation required to safely move them. The program is critical to ensure cattle and livestock commerce continues uninterrupted.

The proposed new Subchapter D, titled "New World Screwworm," includes standards and requirements for persons authorized by the Commission to perform work as an NWS Certified Inspector. An NWS Certified Inspector is an individual who has completed Commission approved training on NWS detection, inspection, treatment, and movement requirements and who has been authorized to perform these activities by the Commission. The proposed additions establish application, training, and recordkeeping requirements. Additionally, the proposed additions detail grounds for suspension and revocation of NWS Certified Inspector status.

SECTION-BY-SECTION DISCUSSION

Section 47.30 includes General Requirements and Application Procedures. The proposed addition establishes the steps individuals must take to become certified and sets forth the standards a certified inspector must maintain. Standards include fully and accurately completing Treatment/Movement Certificates and following all instructions prescribed by the Commission.

Section 47.31 includes Duration and Additional Training Requirements. The proposed addition states that certified status is valid for one year from the date of initial certification. And the proposed section establishes the method by which inspectors can recertify their status.

Section 47.32 includes Grounds for Suspension and Revocation. The proposed addition lays out that violations of §§47.6, 47.4, 47.31, or failing to immediately report observed signs of NWS will result in suspension or revocation of certified status.

FISCAL NOTE

Ms. Jeanine Coggeshall, General Counsel for the Texas Animal Health Commission, determined that for each year of the first five years that the rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state or local governments. Commission employees will administer and enforce these rules as part of their current job duties and resources. Ms. Coggeshall also determined for the same period that there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed amendments.

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the rules are in effect, the anticipated public benefits are increased access to trained personnel able to inspect and certify animals for movement, continuity of business for Texas ranchers, and a secure food supply.

TAKINGS IMPACT ASSESSMENT

The Commission determined that the proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. Therefore, the proposed rules are compliant with the Private Real Property Preservation Act in Texas Government Code §2007.043 and do not constitute a taking.

LOCAL EMPLOYMENT IMPACT STATEMENT

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

The Commission determined that this proposal is not a "major environmental rule" as defined by Government Code §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

GOVERNMENT GROWTH IMPACT STATEMENT

Will create a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will create new regulation;

Will expand existing regulations;

Will increase the number of individuals subject to the rule; and

Will not adversely affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities pursuant to Texas Government Code, Chapter 2006. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

COSTS TO REGULATED PERSONS

The proposed additions to Chapter 47 do not impose additional costs on regulated persons and are designed to provide guidelines and standards for NWS Certified Inspectors which will increase the public's access to trained personnel. The proposed rules do not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.

PUBLIC COMMENT

Written comments regarding the proposed additions may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719 or by e-mail to comments@tahc.texas.gov. To be considered, comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register. When faxing or emailing comments, please indicate "Comments on Proposed Rule-Chapter 47, Authorized Personnel" in the subject line.

STATUTORY AUTHORITY

The amendments are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized, through §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock.

Pursuant to §161.0417, entitled "Authorized Personnel for Disease Control," a person, including a veterinarian, must be authorized by the Commission in order to engage in an activity that is part of a state or federal disease control or eradication program for animals. Section 161.0417 requires the Commission to adopt necessary rules for the authorization of such persons and, after reasonable notice, to suspend or revoke a person's authorization if the Commission determines that the person has substantially failed to comply with Chapter 161 or rules adopted under that chapter. Section 161.0417 does not affect the requirement for a license or an exemption under Chapter 801, Occupations Code, to practice veterinary medicine.

Pursuant to §161.006, entitled "Documents to Accompany Shipment", if required that a certificate or permit accompany animals or commodities moved in this state, the document must be in the possession of the person in charge of the animals or commodities, if the movement is made by any other means.

Pursuant to §161.046, entitled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to §161.048, entitled "Inspection of Shipment of Animals or Animal Products", the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease.

Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception", the Commission, by rule, may regulate the movement of animals. The Commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. The Commission is authorized, through §161.054(b), to prohibit or regulate the movement of animals into a quarantined herd, premises, or area. The executive director of the Commission is authorized, through §161.054(d), to modify a restriction on animal movement, and may consider economic hardship.

Pursuant to §161.101 entitled "Duty to Report", a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the diseases, if required by the Commission, among livestock, exotic livestock, bison, domestic fowl, or exotic fowl to the Commission within 24 hours after diagnosis of the disease.

Pursuant to §161.112 entitled "Rules", the Commission shall adopt rules relating to the movement of livestock, exotic livestock, and exotic fowl from livestock markets and shall require tests, immunization, and dipping of those livestock as necessary to protect against the spread of communicable diseases.

Pursuant to §161.113, entitled "Testing or Treatment of Livestock", if the Commission requires testing or vaccination under this subchapter, the testing or vaccination must be performed by an accredited veterinarian or qualified person authorized by the commission. The state may not be required to pay the cost of fees charged for the testing or vaccination. The Commission may require the owner or operator of a livestock market to furnish adequate equipment or facilities or have access to essential equipment or facilities within the immediate vicinity of the livestock market.

Pursuant to §161.081, titled "Importation of Animals," the Commission by rule may provide the method for inspecting and testing animals before and after entry into Texas. The Commission may create rules for the issuance and form of health certificates and entry permits.

No other statutes, articles, or codes are affected by this proposal.

§47.30. General Requirements and Application Procedures.

(a) This subchapter sets the standards for personnel who perform work in the New World Screwworm (NWS) Certified Inspector program pursuant to Texas Agriculture Code §161.0417. To become certified, individuals must:

(1) Successfully complete the New World Screwworm Preparedness and Response Education course;

(2) Pass the final exam with a minimum score of 94 percent;

(3) Meet the eligibility requirements set forth on the commission's website;

(4) Download and complete the NWS Certified Inspector Application; and

(5) Submit the completed application to NWS_CIP@tahc.texas.gov.

(b) An NWS Certified Inspector must comply with the following standards and requirements:

(1) §47.4 of this title (relating to Standards for Authorized Personnel);

(2) §47.5 of this title (relating to Recordkeeping);

(3) All instructions as prescribed by the commission for NWS inspection, identification, treatment, and movement certification; and

(4) Fully and accurately complete the Treatment/Movement Certificate, which includes:

(A) Origin premises information relating to owner name, owner contact information, and physical address of animals;

(B) Destination premises information relating to owner name, owner contact information, and physical address of animals;

(C) Shipment information relating to shipper name, shipper contact information, trailer license plate, and shipment date;

(D) Treatment information relating to the product used, the treatment type, product serial number, concentration, dosage, and treatment time and date; and

(E) Animal information relating to the species, official ID, age, sex, and description of animal.

§47.31. Duration and Additional Training Requirements.

(a) Unless otherwise suspended or revoked, New World Screwworm (NWS) Certified Inspector status shall be valid for the period of one year from the date of initial certification.

(b) NWS Certified Inspector status must be renewed by completing the New World Screwworm Preparedness and Response Education course, retaking the final exam and passing with a 94 percent, and resubmitting the NWS Certified Inspector Application to NWS_CIP@tahc.texas.gov.

(c) In determining whether additional training shall be required of current NWS Certified Inspectors before certificate renewal, the commission may consider changes in technology, treatments, procedures, programs, and the performance or competency of the individual in performing NWS program activities.

(d) If the commission requires general training or testing for all NWS Certified Inspectors, the commission will publish notice at least six months in advance of the certificate renewal date.

(f) If the commission requires individual training or testing as a result of the NWS Certified Inspector's performance or inability to perform NWS program activities, the commission may give notification and set a time and place for training or testing.

§47.32. Grounds for Suspension and Revocation.

Suspension and revocation of New World Screwworm (NWS) Certified Inspector status may be made upon a determination that one or more of the following has occurred:

(1) Violating one or more of the provisions prescribed in §47.6 of this title (relating to Grounds for Suspension or Revocation);

(2) Failing to comply with one or more of the provisions prescribed in §47.4 of this title (relating to the Standards for Authorized Personnel);

(3) Observing clinical signs or infestations of NWS and failing to immediately report those findings to the commission; or

(4) Failing to complete additional training or testing as prescribed in §47.31 of this title (relating to Duration and Additional Training Requirements).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2026.

TRD-202603767

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: October 11, 2026

For further information, please call: (512) 839-0511

CHAPTER 51. ENTRY REQUIREMENTS

4 TAC §51.11

The Texas Animal Health Commission (Commission) proposes the repeal of §51.11, concerning Goats, in Chapter 51 of the Texas Administrative Code, Title 4, Part 2. This repeal is proposed concurrently with proposed amendments to §51.12, concerning Sheep, which is also published in this issue of the Texas Register.

BACKGROUND AND PURPOSE

The Commission underwent a comprehensive and collaborative rule review by the Texas Regulatory Efficiency Office (TREO). TREO made several recommendations to reduce unnecessary regulations and duplications. One such recommendation was combining entry requirements for sheep and goats.

To accomplish this, the Commission proposes the repeal of Section 51.11, concerning Goats. This section currently houses rules on tuberculosis restricted zones and scrapie requirements. However, the section's scrapie rule directs readers to Section 51.12 for requirements. The Commission simultaneously proposes amendments to Section 51.12, concerning Sheep. These proposed amendments would move the goat rules of Section 51.11 into Section 51.12.

The Commission's goal in proposing the repeal is to reduce duplicative regulation and streamline Commission rules.

SECTION-BY-SECTION SUMMARY

The proposed repeal will repeal Section 51.11, relating to entry requirements for goats.

FISCAL NOTE

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the proposed repeal is in effect, the anticipated public benefit will be the reduction of duplicative regulation.

TAKINGS IMPACT ASSESSMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

GOVERNMENT GROWTH IMPACT STATEMENT

Will not create or eliminate a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will not create new regulation;

Will reduce existing regulation;

Will not change the number of individuals subject to the rule; and

Will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

COSTS TO REGULATED PERSONS

The proposed repeal of Section 51.11 does not impose additional costs on regulated persons and is designed to reduce regulatory burden. The proposed repeal does not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.

PUBLIC COMMENT

STATUTORY AUTHORITY

The repeal is proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized, through §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock.

Pursuant to §161.046, entitled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to §161.114, entitled "Inspection of Livestock", an authorized inspector may examine livestock consigned to and delivered on the premises of a livestock market before the livestock are offered for sale. If the inspector considers it necessary, the inspector may have an animal tested or vaccinated. Any testing or vaccination must occur before the animal is removed from the livestock market.

No other statutes, articles, or codes are affected by this proposal.

§51.11. Goats.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2026.

TRD-202603768

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: October 11, 2026

For further information, please call: (512) 839-0511

4 TAC §51.12

The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 51 titled Entry Requirements. Specifically, the Commission proposes amendments to §51.12 regarding Sheep. The amendments are proposed concurrently with the proposed repeal of §51.11, concerning Goats, which is published simultaneously in this issue of the Texas Register.

BACKGROUND AND PURPOSE

The Commission underwent a comprehensive and collaborative rule review by the Texas Regulatory Efficiency Office (TREO). TREO made several recommendations to reduce unnecessary regulations and duplications. One such recommendation was combining entry requirements for sheep and goats.

To accomplish this, the Commission proposes the repeal of §51.11, concerning Goats. This section currently houses rules on tuberculosis restricted zones and scrapie requirements. However, the section's scrapie rule directs readers to §51.12 for requirements. The Commission simultaneously proposes amendments to §51.12, concerning Sheep. These proposed amendments would move the goat rules of §51.11 into §51.12.

The proposed amendments to §51.11 include updates in rule language to reflect the Commission's move to electronic CVIs. The language was updated for readability and clarifying punctions and conjunctions. The proposed amendments update the scrapie rule to reflect the merge of sheep and goat entry requirements. And the proposed amendments add tuberculosis restricted zone rules without any changes those requirements.

The Commission's goal in proposing these amendments is to reduce duplicative regulation and streamline Commission rules.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §51.12, relating to entry requirements for sheep, combines entry requirements for goats and updates language to reflect current Commission practices.

FISCAL NOTE

Ms. Jeanine Coggeshall, General Counsel for the Texas Animal Health Commission, determined that for each year of the first five years proposed amendments are in effect, enforcing or administering the amendments do not have foreseeable implications relating to costs or revenues of state or local governments.

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the proposed amendments are in effect, the anticipated public benefit will be the reduction of duplicative regulation.

TAKINGS IMPACT ASSESSMENT

The Commission determined that the proposed amendments do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. Therefore, the proposed rules are compliant with the Private Real Property Preservation Act in Texas Government Code §2007.043 and do not constitute a taking.

LOCAL EMPLOYMENT IMPACT STATEMENT

The Commission determined that the proposed amendments would not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission pursuant to Texas Government Code §2001.022.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

The Commission determined that this proposed amendments are not a "major environmental rule" as defined by Government Code §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

GOVERNMENT GROWTH IMPACT STATEMENT

Will not create or eliminate a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will not create new regulation;

Will reduce existing regulation;

Will not change the number of individuals subject to the rule; and

Will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities pursuant to Texas Government Code, Chapter 2006. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

COSTS TO REGULATED PERSONS

The proposed amendments to §51.12 do not impose additional costs on regulated persons and are designed to reduce regulatory burden. The proposed amendments do not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.

PUBLIC COMMENT

Written comments regarding the proposed amendments may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719 or by e-mail to comments@tahc.texas.gov. To be considered, comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register. When faxing or emailing comments, please indicate "Comments on Proposed Rule-Chapter 51, Entry Requirements" in the subject line.

STATUTORY AUTHORITY

Pursuant to §161.046, entitled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

No other statutes, articles, or codes are affected by this proposal.

§51.12. Sheep and Goats.

(a) Brucella ovis. All breeding rams six months of age and over must have [~~had~~] a negative ELISA test for Brucella ovis within 30 days prior to entry into Texas or be from a Brucella ovis-free flock. Each ram must [~~shall~~] be individually identified with an [~~individual~~] eartag or registration tattoo. The tag number or registration tattoo [~~This~~] number, [~~along with the~~] test results, [~~and~~] name of the approved laboratory, and date of test must [~~shall~~] be entered on the certificate of veterinary inspection (CVI) [~~Certificate of Veterinary Inspection~~] accompanying the animal(s).

(b) Scrapie.

(1) Animal identification requirements. [~~Animals to be identified by official eartag.~~]

(A) All [~~breeding or exhibition~~] animals must [~~shall~~] have an official premises eartag [,] or an approved USDA[,] eartag unless the animal is a registered animal [~~in place and recorded, except: Registered goats~~] with a registration tattoo and Origin Premises Flock ID recorded on a CVI. [~~and accompanied by registration papers~~]

(B) All animals in slaughter channels must [~~shall~~] have an official premises eartag[,] or an approved USDA eartag unless: [~~in place, except~~]

(i) Sheep under 18 months of age; or

(ii) Goats that have not commingled with sheep.

(2) Animals originating from scrapie-affected flocks, scrapie-positive flocks, suspect flocks, exposed flocks, [~~and/or~~] or high-risk [~~high risk~~] animals[~~, or sheep originating from Inconsistent States,~~] may enter [~~be granted entry into~~] Texas on a case-by-case basis only after receiving permission from [of] the executive director [~~Executive Director of TAHC~~] or the Designated Scrapie Epidemiologist.

(3) Animals originating from Inconsistent States (without an active scrapie surveillance and control program) may enter [~~the State of~~] Texas on a case-by case basis only after receiving permission from the executive director or the Designated Scrapie Epidemiologist, and only if:

(A) An entry permit is obtained; and [~~Obtain an entry permit,~~]

(B) The animals are consigned [~~Consigned~~] directly to a terminal feedlot; or [,]

(4) All blackface ovine females and all blackface crossbred females, except hair sheep, imported into the State of Texas for breeding purposes shall originate from a Scrapie Certified Free Flock or have documentation supporting that the animals are of the genotype RR at codon 171 or AA at codon 136 and QR at codon 171.

(5) CVI requirements. The CVI must [~~Veterinary Inspection: Information on the Certificate of Veterinary Inspection shall~~] include:

(A) Complete information on the consignor, consignee, and flock of origin, including the origination and destination addresses; [.]

(B) Date of inspection;

(C) Number of animals in the consignment and description of the animals (breed, gender, and other distinguishing characteristics); [.]

(D) Premises [~~premise~~] eartag identification number or official USDA eartag number, or registration tattoo with Origin Premises Flock ID recorded on CVI; [~~(if goats accompanied by registration papers) registration tattoo).~~]

(i) CVIs for animals must include all [~~Animals for Breeding Purposes or Exhibition All~~] premises identification numbers or [~~(or)~~] official USDA eartag numbers, or registration tattoos with Origin Premises Flock ID [~~(in the accompaniment of registration papers) shall be recorded~~].

(ii) CVIs for animals in slaughter channels need not include [~~Animals in Slaughter Channels--~~] identification numbers, but identification must be present on the animals [~~but the numbers do not need to be recorded~~].

(E) A statement of [~~Statement of the~~] purpose for transporting the animals (for exhibition, breeding purposes, or slaughter);

(F) A statement by the accredited veterinarian issuing the CVI [~~Certificate~~] that the animals are not exhibiting clinical signs associated with any infectious diseases, including scrapie, at the time of examination; [.]

(G) A statement by the accredited veterinarian issuing the CVI that [~~Certificate indicating if~~] the animal(s) are not from a scrapie-affected flock [~~scrapie affected~~], high-risk flock [~~high risk~~], source flock, or exposed flock.

(c) Tuberculosis. Goats originating from the TB restricted zone(s) in Michigan shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, §§77.10 - 77.19, prior to entry with results recorded on the certificate of veterinary inspection.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2026.

TRD-202603769

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: October 11, 2026

For further information, please call: (512) 839-0511

CHAPTER 57. POULTRY

4 TAC §57.10, §57.11

The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 57 titled Poultry. Specifically, the Commission proposes amendments to §57.10, regarding Definitions and §57.11, regarding General Requirements.

BACKGROUND AND PURPOSE

The Texas Animal Health Commission proposes amendments to §57.10, concerning Definitions and to §57.11, concerning General Requirements. The amendments establish movement requirements for Texas-origin exhibition poultry traveling to and from out-of-state events.

The proposed amendments require exhibition birds to leave Texas on a certificate of veterinary inspection (CVI) with proof of negative pullorum-typhoid test (PT) and negative avian influenza test (AI) all issued within 30 days prior to movement. For poultry originating from an NPIP certified flock with current PT Clean status, valid NPIP documentation can be substituted for PT test results. If exhibitors have complied with the CVI and testing requirements, the proposed amendments allows the birds to return to Texas on the same CVI within its 30-day validity period provided the birds were not exhibited in an Highly Pathogenic Avian Influenza (HPAI)-Impacted state, show no signs of illness, and a quarantine was not established during the event.

Additionally, the proposed amendments establish a 1-year recordkeeping requirement for exhibitors. The amendments outline that if HPAI was detected in the event state after the birds entered the state, the exhibitor must return the birds to the premises of origin at the earliest opportunity, notify the Commission, and isolate the birds for 14 days. The proposed rule specifically states these movement requirements do not allow for birds to reenter Texas if they have travelled to a state that was already designated an HPAI-Impacted state at time of movement.

Finally, the proposed amendments add definitions for "exhibition poultry," "HPAI-Impacted state," and "National Poultry Improvement Plan (NPIP)" to lend clarity to the proposed changes to §57.11.

The purpose of these amendments is to provide a method for Texas exhibitors to travel to events out-of-state and safely return while minimizing disease-risk to other Texas poultry. The amendments focus on immediate reporting, traceability, and disease surveillance through required testing prior to movement. The proposed requirements mirror the requirements for birds entering Texas, but allow Texas exhibitors to meet the requirements prior to leaving the state.

SECTION-BY-SECTION DISCUSSION

Section 57.10 includes definitions. The proposed amendments add definitions for "exhibition poultry," "HPAI-Impacted state," and "National Poultry Improvement Plan (NPIP)." The proposed amendments also reorder number existing definitions.

Section 57.11 includes general requirements for poultry. The proposed amendments add movement requirements for Texas exhibition poultry traveling to an out-of-state event and returning to Texas.

FISCAL NOTE

Ms. Jeanine Coggeshall, General Counsel for the Texas Animal Health Commission, determined that for each year of the first five years that the amendment is in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state or local governments. Commission employees will administer and enforce these rules as part of their current job duties and resources. Ms. Coggeshall also determined for the same period that there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed amendments.

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the amendment is in effect, the anticipated public benefits are safer movement of exhibition poultry to and from out-of-state events, increased traceability and disease surveillance, and less confusion for poultry exhibitors surrounding Commission rules for interstate travel.

TAKINGS IMPACT ASSESSMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

GOVERNMENT GROWTH IMPACT STATEMENT

Will not create or eliminate a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will not create new regulation;

Will create a regulatory exception to entry permits, thus limiting existing regulation;

Will not change the number of individuals subject to the rule; and

Will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities pursuant to Texas Government Code, Chapter 2006. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

COSTS TO REGULATED PERSONS

The proposed amendments to Chapter 57 do not impose additional costs on regulated persons and are designed to better facilitate safe and compliant movement of exhibition poultry. The proposed rules do not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.

PUBLIC COMMENT

STATUTORY AUTHORITY

Pursuant to §161.041, titled "Disease Control," the Commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the commission determines require control or eradication. Pursuant to §161.041(b) the Commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl. The Commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.

Pursuant to §161.043, titled "Regulation of Exhibitions," the Commission may regulate the entry of livestock and may require certification of those animals as reasonably necessary to protect against communicable diseases.

Pursuant to §161.046, entitled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

No other statutes, articles, or codes are affected by this proposal.

§57.10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (6) (No change.)

(7) Exhibition poultry--domesticated fowl, including chickens, turkeys, waterfowl, and game birds, kept for exhibition, competition, or show purposes, and not for commercial production.

(8) [~~(7)~~] Hatching eggs--Poultry eggs for hatching purposes including embryonated eggs.

(9) HPAI-Impacted state--any state or area within a state under official quarantine, control, or surveillance for Highly Pathogenic Avian Influenza (HPAI), as designated by the United State Department of Agriculture (USDA) or the commission.

(10) National Poultry Improvement Plan (NPIP)--A voluntary federal-state cooperative testing and certification program for poultry designed to improve poultry health and prevent the spread of certain diseases including Pullorum-Typhoid (PT) and Avian Influenza (AI).

(11) [~~(8)~~] Permit--A written authorization for movement issued by the commission.

(12) [~~(9)~~] Person--A partnership, firm, corporation, association, or individual.

(13) [~~(10)~~] Poultry--Chickens, turkeys, game birds of all ages, and other domestic fowl, except baby poultry as defined in this section.

(14) [~~(11)~~] Reportable poultry disease--

(A) - (B) (No change.)

(15) [~~(12)~~] Vaccine--A suspension of attenuated or killed micro-organisms administered for the prevention or treatment of an infectious poultry disease and approved for use by USDA and the commission. The following is a list of approved vaccines:

(A) - (O) (No change.)

§57.11. General Requirements.

(a) (No change.)

(b) Exhibition Poultry. [Public exhibitions. Poultry entered in public exhibition shall originate from flocks or hatcheries free of pullorum disease and fowl typhoid or have a negative pullorum-typhoid test within 30 days before exhibition. Chickens or turkeys entered in public exhibition shall be accompanied by a certificate of source.]

(1) Public exhibitions. Poultry entered in public exhibition shall originate from flocks or hatcheries free of pullorum disease and fowl typhoid or have a negative pullorum-typhoid (PT) test within 30 days before exhibition. Chickens or turkeys entered in public exhibition shall be accompanied by a certificate of source.

(2) Movement of Texas Exhibition Poultry to and from Out-of-State Events.

(A) To facilitate the safe and lawful movement and return of exhibition poultry from Texas to out-of-state events, all exhibition poultry leaving Texas for exhibition in another state must be accompanied by:

(i) A certificate of veterinary inspection (CVI) that clearly identifies the destination exhibition issued within 30 days prior to movement;

(ii) Proof of negative PT test results conducted within the 30 days immediately preceding movement, or for poultry originating from an NPIP certified flock with current PT Clean status valid NPIP documentation may be substituted for PT test results; and

(iii) Proof of negative avian influenza (AI) test results conducted within the 30 days immediately preceding movement.

(B) Upon return to Texas, exhibition poultry that left Texas in compliance with subsection (b) of this section may return to their premises of origin on the same CVI within its 30-day validity period, if:

(i) Poultry was not exhibited at an event located within an HPAI-Impacted state at the time of the event;

(ii) Poultry did not exhibit signs of illness during or after the exhibition; and

(iii) No official quarantine or control zone was established at the event premises during the period of exhibition.

(iv) Entry permit requirements under §51.3 of this title (relating to Exceptions) are waived for movements conducted in compliance with this section.

(C) The exhibitor must retain a copy of the CVI and associated test results or NPIP documentation for at least one year and must present such documentation to the commission upon request.

(D) If HPAI is detected in a state or exhibition facility after birds have entered, the owner or exhibitor must:

(i) Return poultry directly to the premises of origin at the earliest opportunity;

(ii) Immediately notify the commission of the movement; and

(ii) Isolate the returning poultry from other flocks for a minimum of 14 days and report any illness or mortality during that time.

(E) This section does not allow for the reentry of exhibition poultry transported to a state already designated HPAI-Impacted at time of movement.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2026.

TRD-202603770

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: October 11, 2026

For further information, please call: (512) 839-0511